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· 2/22/2023

In re the Marriage of Borcherding

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that a “loss of goodwill supports a finding of irreparable injury in cases in which employers seek to enforce restrictive covenants against their former employees to prevent them from contacting their customers”
  • applying heightened standard where movant brought claims seeking monetary damages in addition to injunctive relief
  • explaining that a plaintiff must also meet the heightened standard “if he seeks an injunction that provides him substantially all the relief he seeks in the litigation, and that cannot be meaningfully undone in the event that the enjoined party prevails at trial on the merits”
  • affirming the district court’s holding that plaintiff failed to show irreparable harm where plaintiff “presented no evidence that [defendant’s] continuing operations would irreparably harm its goodwill, client relationships, or ability to compete in the geographic area”
  • injury from alleged use of valuable client information mooted in part where the defendant is locked out of franchise systems
  • “A showing of irreparable harm is the single most important prerequisite for the issuance of a preliminary injunction.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.